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O'BANNER v. SECRETARY OF HEALTH, ED. & WELFARE

Nos. 76-2419, 77-1138.

587 F.2d 321 (1978)

Isaiah O'BANNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH, EDUCATION & WELFARE, Defendant-Appellee, and Willie L. SMITH, Plaintiff-Appellant, v. Caspar WEINBERGER, Secretary of Health, Education & Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1978.

Attorney(s) appearing for the Case

Robert O. Chessman, McCroskey, Libner, VanLeuven, Kortering, Cochrane & Brock, Muckegon, Mich., for plaintiff-appellant in No. 76-2419.

Thomas D. Geil, McCroskey, Libner, VanLeuven, Kortering, Cochrane & Brock, Battle Creek, Mich., for plaintiff-appellant in No. 77-1138.

James S. Brady, U. S. Atty., Robert C. Greene, Grand Rapids, Mich., for defendant-appellee.

Before LIVELY and MERRITT, Circuit Judges, and RUBIN, District Judge.

CARL B. RUBIN, District Judge.

These appeals each seek review of district court orders granting summary judgment in favor of the Secretary of Health, Education & Welfare. In each case disability benefits under the Social Security Act, 42 U.S.C. § 405(g), were denied. Both appellants established a disability that would prevent such appellant from engaging in his customary employment activity. In each instance the administrative law judge determined that the...

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